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titel bwb_id type status datum_inwerkingtreding bron citeertitel
Verdrag inzake het Bureau van de Europese Burgerluchtvaart Conferentie (ECAC) BWBV0007108 verdrag geldend null https://wetten.overheid.nl/BWBV0007108 Verdrag inzake het Bureau van de Europese Burgerluchtvaart Conferentie (ECAC)

Verdrag inzake het Bureau van de Europese Burgerluchtvaart Conferentie (ECAC)

Artikel 1

For the purpose of this Convention the following definitions apply:

a) a) “Bodies of the Conference” means the Plenary Conference in the form of Triennial Sessions and Special Plenary Sessions; the meetings of Directors General of Civil Aviation; and groups established from time to time by Directors General of Civil Aviation to carry out specific tasks under the work programme. b) b) “The Conference” means the European Civil Aviation Conference composed of the ECAC Member States. c) c) “The Constitution” means the Constitution and Rules of Procedure of the European Civil Aviation Conference first adopted in 1975 (first edition of ECAC.CEAC Doc No. 20) as amended by ECAC Member States from time to time, in accordance with the Constitution. d) d) “Coordinating Committee” means the committee of the Conference which comprises the President, the Vice-Presidents and the other members and which assumes the functions set forth in the Constitution. e) e) “ECAC Member States” means the States which founded the Conference in 1954 under the auspices of the International Civil Aviation Organization and of the Council of Europe, together with such other European States as the Conference has unanimously admitted. f) f) “Focal Points” means the members of the Coordinating Committee who exercise their functions in their specific field of activity under authority delegated by the Coordinating Committee, in accordance with the Constitution. g) g) “Headquarters Agreement” means the agreement between the Bureau and the Government of the French Republic regarding the establishment in France of the permanent headquarters of the Bureau and defining the privileges and immunities of the Bureau in France.

Artikel 2

1. The Bureau of the Conference, hereinafter referred to as “the Bureau”, is hereby established.

2. The Bureau shall consist of a Committee of the Parties, an Executive Secretary, a Deputy Executive Secretary and other staff.

3. The costs and liabilities associated with the functioning of the Bureau shall be covered by the funds received from the budget of the Conference.

4. The headquarters of the Bureau shall be in France.

Artikel 3

The Bureau shall have international legal personality. The Bureau shall enjoy full capacity necessary to exercise its mandate as defined in Article 4.

Artikel 4

The mandate of the Bureau shall be to support the activities of the Conference and ensure the implementation of the decisions adopted by the Directors General of Civil Aviation of ECAC Member States.

Artikel 5

1. The privileges and immunities of the Bureau in France shall be defined in the Headquarters Agreement.

2. Other Parties may grant privileges and immunities in support of the Bureau's activities in their countries, in particular with regard to immunity from legal process in respect of words spoken and written and all acts performed by the Executive Secretary and the staff of the Bureau in their official capacity.

Artikel 6

1. The Committee of the Parties shall consist of one representative from each Party.

2. The Committee of the Parties shall elect its chair and vice-chair. The term of office shall be three years, renewable once. The chair shall have authority to convene the Committee of the Parties and act on its behalf.

3. The President of the Conference and the European Commission may participate in the Committee of the Parties as observers.

4. The Committee of the Parties shall adopt its own rules of procedure.

Artikel 7

1.

The Committee of the Parties shall:

a) a) Oversee the Bureau's operations and functions in accordance with its mandate; b) b) Adopt staff regulations after consultation with the Conference, and determine the number of staff and the terms of their employment; c) c) Propose a list of candidates in order of preference for the appointment of the Executive Secretary in accordance with Article 10; and d) d) Administer the budget for the functioning of the Bureau based on the funds received in accordance with Article 2(3).

2. The Committee of the Parties shall not carry out any of the activities or exercise any of the functions of the Conference.

Artikel 8

1. Decisions of the Committee of the Parties shall be reached by consensus as far as possible. If consensus cannot be reached a decision shall be taken by a two-thirds majority of the votes cast.

2. Each Party has one vote.

3. Observers to the Committee of the Parties may participate in the discussions but shall not have the right to vote.

Artikel 9

1. All staff of the Bureau shall hold the nationality of an ECAC Member State.

2. No member of staff may seek or accept from any Government or other authority external to the Conference any instructions in regard to the discharge of his or her official duties.

Artikel 10

The Conference, based upon a list of proposed candidates in order of preference established by the Committee of the Parties, shall appoint the Executive Secretary for a mandate of a maximum duration of five years, renewable once, on the basis of the procedure agreed by the Directors General of Civil Aviation of ECAC Member States.

Artikel 11

1.

The Executive Secretary shall act as the legal representative of the Bureau in the exercise of its mandate laid down in Article 4, and shall, inter alia, perform the following tasks on behalf of the Bureau:

a) a) Ensure the implementation of the decisions taken by Directors General of Civil Aviation within the framework of the Conference; b) b) Support the implementation of the Constitution; c) c) Execute all internal and external activities of the Bureau; d) d) Implement the Headquarters Agreement on behalf of the Bureau; e) e) Carry out tasks consistent with the objectives and functions of the Conference; f) f) Assist the bodies of the Conference; g) g) Support Focal Points in representing the Conferences interests and priorities in international meetings and events; h) h) Support the Conference in the coordination of European positions for the International Civil Aviation Organization Assemblies, conferences and meetings, and other international conferences and meetings; i) i) Support the Conference in its cooperation with the European Union and other European, regional and international organisations on matters relating to the objectives and functions of the Conference; j) j) Ensure the implementation of the triennial work programme of the Conference and execute the related budget reporting to the Directors General of Civil Aviation on a regular basis; k) k) Enter into contracts; l) l) Acquire, lease, hold and dispose of movable property according to the financial procedures of the Conference; m) m) Open and manage bank accounts; n) n) Acquire, lease, hold and dispose of immovable property on the basis of a formal mandate given to the Bureau by the Conference; o) o) Represent the Bureau in legal proceedings; p) p) Enter into agreements or other arrangements with States or international organisations on the basis of a formal mandate given to the Bureau by the Conference; q) q) Implement the staff regulations as adopted by the Committee of the Parties in accordance with Article 7 (1b); and r) r) Manage the staff of the Bureau.

2. The Executive Secretary shall report to the President of the Conference, the Coordinating Committee, and the Directors General of Civil Aviation for the proper execution of the Bureaus mandate and the tasks set out in paragraph (1) of this Article.

3. The Executive Secretary shall report to the meetings of Directors General of Civil Aviation for the handling of the Conferences funds.

4. The Executive Secretary shall report to the Committee of the Parties in relation to the functions set out in Article 7(1).

5. The Executive Secretary shall be responsible for developing and maintaining up-to-date procedures for the implementation of the aforementioned tasks.

6. The Executive Secretary may delegate the implementation of the aforementioned tasks, in whole or in part, to the Deputy Executive Secretary.

Artikel 12

ECAC Member States may become a Party to this Convention either by the procedure of Article 13 or by the procedure of Article 14.

Artikel 13

1.

ECAC Member States may become a Party by:

a) a) signature without reservation as to ratification, acceptance or approval, or b) b) signature subject to ratification, acceptance or approval, followed by ratification, acceptance or approval.

2. This Convention shall remain open for signature until it enters into force.

Artikel 14

After its entry into force, this Convention shall be open for accession by any State which is an ECAC Member State.

Artikel 15

1. This Convention shall enter into force on the first day of the third month following the date on which the Government of the French Republic has received signatures and, if required, instruments of ratification, acceptance or approval from twenty-two ECAC Member States.

2. For each State ratifying, accepting, approving or acceding to this Convention after its entry into force, this Convention shall enter into force for that State on the first day of the third month after the deposit of its instrument of ratification, acceptance, approval or accession to the Government of the French Republic.

Artikel 16

1. Any Party may withdraw from this Convention by giving notice in writing to the Government of the French Republic, which shall notify this withdrawal to the Parties, the Executive Secretary and the President of the Conference.

2. The withdrawal shall take effect 12 months following the date of receipt of the notice of withdrawal by the Government of the French Republic.

Artikel 17

Any dispute between the Parties concerning the implementation or interpretation of this Convention shall be settled by negotiation between the Parties concerned. Any such dispute which is not settled by negotiation between the Parties concerned, shall be submitted at the request of any of these Parties to conciliation/third party good offices.

Artikel 18

Nothing in this Convention shall interfere with the sovereign right of each Party to regulate its civil aviation sector.

Artikel 19

1. The Parties may amend this Convention. A decision to adopt an amendment and submit it for signature, ratification, acceptance or approval by the Parties shall require the unanimous agreement of all Parties.

2. An amendment so adopted shall enter into force for all Parties on the first day of the third month after the Government of the French Republic has notified the Parties of the receipt of notifications of ratification, acceptance or approval from all Parties.

Artikel 20

1. The Government of the French Republic shall serve as the Depositary for this Convention.

2. This Convention, with subsequent amendments, and instruments of ratification, acceptance, approval or accession shall be deposited in the archives of the Government of the French Republic.

3. The Government of the French Republic shall provide a certified copy of this Convention and the text of any amendment as adopted by the Parties, to all States that have signed or acceded to this Convention. Copies shall further be sent for information to the Executive Secretary.

4. The Government of the French Republic shall notify all States that have signed or acceded to this Convention and the President of the Conference, of all signatures, ratifications, acceptances, approvals, accessions and withdrawals, as well as of the entry into force of this Convention and of each amendment. The Government of the French Republic shall further notify all States that have signed or acceded to this Convention and the President of the Conference of the entry into force of each ratification, acceptance, approval or accession.